Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-10-29
THE ANARCHISTS.
TIE ARGUMENT CONCLUDED IN raR
SUPREME COURT.
Distriet-Attorney erinnel Speaks Against
Granting the writ and General Butler
Closes for the Prisoners.



WAsnrNGroN. j.. c., October 2S.-
When tho United States Supreme
Court convened at noon to-day there
was not quito as large an attendance Of
members of the bar as yesterday, but
the seats provided for the spectators
were oh filled. and the open spaces
adjacent to the entrance OF the court
room we've crowded with people who
stood there patiently until tn argu-
mCut Ia the Anarchist cases was con
cludcd. After The usual ceremony Of
opening the court the Chiof-Justice
requested hitorroy-Gcncral Hunt 70
proceed with ms argument which was
interrupted 10y the adjournment OF the
cont yesterday afternoon.
Mr.. Hunt said that as he had almost
finished bis argument when the hour for
adjournment arrived be would not
speak to-day, but would give place to
hls associate. States. Attorney Grin
nell,
Mr. Grinnoll, addressing the Court,
said that it had not been his intention
60 take part IN the oral argument, and
that he came here primarily for the
purpose Of assisting Mr.. Hunt by
means OF his familiarity with the re-
cord in this case, He thought that by
the presentation of the law and facts
Yesterday il was clearly shown that
ilorc was no Federal question IN
VOWED. aud that the court was without
jurisdiction to grant writ Of error. The
assignments of crror in the lower
CONT and parts of the record relating
To- Jurors Doukcr and Sanford had
been printed and were in the Courts
hands. In all the twcnty-eight assign
mcnts Of error there was no reference,
directly or indirectly, to the Constitu-
tion OF the United States or any Of its
amendments. There were some things,
he said, which were here generally
conceded, ard one OF them was that
the Constitution itself cOniers 30 rights
which need be here considered. IL is
simply q limitation of the rights Of
legislative power in dealing with
the rights of citizens. The Con-
siitution Of the State Of Illinois con-
taius almost ali the provisions which
are embraced IN the Constitution Of
the United States This court hal
settled. he believed, the question Of
jurisdiction % far as the first ten amend
Monts are concerned, and also, he
thought, under the fourteenth amend
mcnt. The only clause of the latter
which could figure here was that "nO
State shall deprive any person OF life,
liberty, or property without due pro-
cess of law. Whatever affects liberty
and life is made by this clause to affect
also property. If the court had juris-
diction OF tins case lnder this provision
Of the amendment, then every State
question relating TO propcrty-such as
special assessments, condemnation Of
property, 6c.-might be brought 10
This count for review.
The Chief Justice "Bccauie they
take property without valuation by a
jury -
llr Grinncu "Ycs, your Honor, in
some cases thcv DO, especially in the
matter Of drainage, where proceedings
may he before o. Justice Of the peace. "
Nir. Grinnell said he thought it to he
conceded that the State Legislature hada
righttoprcscnbe how manypcremptory
challenges should be allowed in the
formation OF jury. The common law
Of Illinois had been radically changed
in this respect. and both prosecutor
and defendant uor stood on an equal
footing. Each BE-, ndant was entitled
TO twenty pcremptory challenges. and
as the eight defendants in this case
acted in concert and were all consulted,
each of them had practically one hun
drcd and sixty pcremptory challenges
before the jury was obtained, and the
State ayailed itself of its privilege to
the extent OF ffty-tvo challenges. tie
maintained, however, that no Federal
question would be involved even If the
State allowed only one peremptory
challenge to one side and one hundred
and s.ytv 10 the other. 1t was the
States night. In this case there were
Line hundred and eighty-one men
called into the juTy-boX and ex-
ahmed in Order 20 obtain twelve
Jurors. no objection was raised
10 any one Of these twelve Jurors
with tie single exception OF Sanford.
Dukcr was challenged for cause, and
after "a brief examination the challenge
was overrulcd and the defence except
Cd: bntthey then proceeded with fur
ther and more elaborate examination
AZ Linn. and it is shown by the recoro
fiat after this second examination they
desired 10 keep him that they dll
keen him. and that they made no fur
t.or exception. When Denker wa
taken the defence had left - peremp
tory challenges, and they could have
r.rl one Of these challenges to &c
rl of him if they had beer
,ev DESTROYS Of so doing. The,
lal forty-three peremptory chal
llrc left after eleven Jurors nag
l,.u sworn. These forty-three chai
lDces they frittered away irylously
foolshly, and ndiculously for the par
pose # taking some possible advantage
llc;r reremptory challenges were thel
exhausted. and they had to either tax
tie iuror or show cause why he shoul
J., rejected. NIL.
Tie examination Of Sanford, the la'
iuror. clearly demonstrates, Mr.. Grin
nc.l said. that defence were more Ieaa
10 take him than the State was. Not
s;uele Juror was put upon the deiohc
to cxlaus, their pcremptory cha
lcpeos. Whenever a man sal
that be had talked with a witne'
or any one VINO was presel
at The Haymarket meeting or that u
had attended the coroner's inquest
VS. rejected for cause
Speaking OF the jury rs whole Nj
Crippell said: II wish and am COT
strained to pay one tribute to that JURY
1t exemplified American citizenship
this country more than any Jury TN
was ever looked upon. 1t embrace
ali the walks OF life. Three OF the
earned their living by manual worl
They came from all parts OF the cou'
inv. and one of them was BOZ
on foreign soil. They were not
sclass iury.' They we're honest CIT
geps with the solemn duty deyolvln
upon them OF determining what shou
be done with those men. No Judt
could look in the faces OF that Jul
without saying: They ere intellgen
they represent American cltizenshlI
they are fit 10 be trusted with u
rights Of freemen under our Constit
t;on.' There was not a capitalist